REVscene - Vancouver Automotive Forum


Welcome to the REVscene Automotive Forum forums.

Registration is Free!You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today! The banners on the left side and below do not show for registered users!

If you have any problems with the registration process or your account login, please contact contact us.


Go Back   REVscene Automotive Forum > Automotive Chat > Vancouver Auto Chat

Vancouver Auto Chat 2016 VAC Community Head Moderator: Raid3n

Reply
 
Thread Tools
Old 08-13-2012, 09:23 AM   #1
MiX iT Up!
 
tiger_handheld's Avatar
 
Join Date: May 2006
Location: vancouver
Posts: 7,941
Thanked 1,992 Times in 821 Posts
ICBC contacting me after case closed =\

Seeking advise on behalf of my dad...


He got into an accident ICBC deemed him to be 25% responsible while the other party was 75%. The car was written off, cash paid out, and the case was closed. All this happened around late February, early March of 2012.

Recently, ICBC has been calling him about once a week requesting he provide a statement of what happened on the date of the accident. He told ICBC that he said everything that needed to be said and provided diagrams as well and he was not going to provide anymore statements since ICBC closed the statement. A couple of days ago, he received a letter from ICBC stating that the other party now has legal representation and a statement from my dad is needed to defend ICBC's actions (by actions i assume the 25/75 ). ICBC also took the liberty to take my dad's original statement and put into a letter format and requested my dad to sign it. He has not done it yet (he plans to ignore it..). The statement they provided is exactly the same as my dad on the date of the accident - not a word has been changed.

My questions are:
1) Why does ICBC need a new statement / signature when they closed the file? Should ICBC take it up with whatever evidence they used to levy the 25/75 judgement? If ICBC loses in court with the other party , the loss should be from their pockets -not my dads. As far as my dad - the case is closed.

2) Has anyone been in a similar situation? What happened?

3) Does my dad have a legal obligation to sign the statement? I personally think his legal obligation ended when the case was closed!

4) He does not want to hire an attorney unless he absolutely has to. So we are trying to find as much info as we can..


TL;DR
1) accident happened
2) OP's dad was 25% at fault , while other party was 75%
3) ICBC case closed - cash paid - car written off (March 2012)
4) ICBC wants to re-open case and get a statement of what happened because other party now has legal representation. (June/July 2012)
Advertisement
__________________

Sometimes we tend to be in despair when the person we love leaves us, but the truth is, it's not our loss, but theirs, for they left the only person who couldn't give up on them.


Make the effort and take the risk..

"Do what you feel in your heart to be right- for you'll be criticized anyway. You'll be damned if you do, and damned if you don't." - Eleanor Roosevelt
tiger_handheld is offline   Reply With Quote
Old 08-13-2012, 09:32 AM   #2
Hacked RS to become a mod
 
SkinnyPupp's Avatar
 
Join Date: Feb 2002
Location: Sunny Hong Kong
Posts: 43,589
Thanked 18,683 Times in 5,773 Posts
Better call Saul!
SkinnyPupp is offline   Reply With Quote
Old 08-13-2012, 10:26 AM   #3
MiX iT Up!
 
tiger_handheld's Avatar
 
Join Date: May 2006
Location: vancouver
Posts: 7,941
Thanked 1,992 Times in 821 Posts
Who is Saul?
__________________

Sometimes we tend to be in despair when the person we love leaves us, but the truth is, it's not our loss, but theirs, for they left the only person who couldn't give up on them.


Make the effort and take the risk..

"Do what you feel in your heart to be right- for you'll be criticized anyway. You'll be damned if you do, and damned if you don't." - Eleanor Roosevelt
tiger_handheld is offline   Reply With Quote
Old 08-13-2012, 10:28 AM   #4
#savethemanuals
 
Join Date: May 2008
Location: Richmond
Posts: 3,974
Thanked 2,517 Times in 948 Posts
__________________
987 Porsche Cayman S 6MT
Guards Red/Sand Beige Full Leather

XV30 Lexus ES300
Black Garnet Pearl/Ivory Leather
Energy is offline   Reply With Quote
Old 08-13-2012, 10:33 AM   #5
Rs has made me the woman i am today!
 
Traum's Avatar
 
Join Date: Aug 2007
Location: Paradise, BC
Posts: 4,077
Thanked 3,778 Times in 1,426 Posts
As far as I know, your dad doesn't have to worry anything from the legal perspective. When ICBC takes your dad's insurance policy on, they become the party that'll worry about all the legal stuff. Anything that needs to be settled is strictly between the other guy (and his lawyer) and ICBC. Your dad's role is exclusively that of an information provider, unless the other guys sues and wins enough damages that exceed your dad's liability insurance amount. If that were to happen, then your old man would be on the hook for any amount above and beyond ICBC's payout.

As such, there is really no harm in signing ICBC's letter since it simply re-iterates the exact same story that your dad has told. As a matter of fact, I see a bigger problem with you guys ignoring the letter altogether.
Traum is offline   Reply With Quote
This post thanked by:
Old 08-13-2012, 10:42 AM   #6
private modder
 
Eff-1's Avatar
 
Join Date: Feb 2002
Location: North Shore
Posts: 6,171
Thanked 1,803 Times in 469 Posts
You could also call Bob Loblaw.


(No hablo espanol)
Eff-1 is offline   Reply With Quote
This post thanked by:
Old 08-13-2012, 01:25 PM   #7
I answer every Emotion with an emoticon
 
sonick's Avatar
 
Join Date: Oct 2005
Location: Revscene
Posts: 7,553
Thanked 5,099 Times in 1,629 Posts
Quote:
Originally Posted by Eff-1 View Post
You could also call Bob Loblaw.

Bob Loblaw - English - YouTube

(No hablo espanol)
Or try googling the Bob Loblaw Law Blog.
__________________
Quote:
Originally Posted by skyxx View Post
Sonick is a genius. I won't go into detail what's so great about his post. But it's damn good!
2009 BMW 128i - Daily Driver
1999 Mazda Miata - FOR SALE (See Listing)
2007 Toyota Rav4 Sport V6 - Wifey's Daily Driver
2003 Mazda Protege5 - Sold
1987 BMW 325is - Sold
1990 Mazda Miata - Sold

100% Buy and Sell Feedback
sonick is offline   Reply With Quote
This post thanked by:
Old 08-13-2012, 01:46 PM   #8
MOD MOD MOD MOD MOD
 
nabs's Avatar
 
Join Date: Dec 2003
Location: vancouver
Posts: 5,573
Thanked 3,352 Times in 1,069 Posts
what i was thinking word for word, this happened to my dad as well, after my dad got hit crossing a pedestrian walkway as a pedestrian by a motorcycle, the guy that hit him tried to fight the fact that it was not his fault 100 percent and that he was not going fast blah blah, icbc just had my dad come in as a witness, he also had to re-authorize his statement for some reason. You can choose not to participate with ICBC by not doing anything and accepting the consequences, or you can help out ICBC by giving your statement (again).

Quote:
Originally Posted by Traum View Post
As far as I know, your dad doesn't have to worry anything from the legal perspective. When ICBC takes your dad's insurance policy on, they become the party that'll worry about all the legal stuff. Anything that needs to be settled is strictly between the other guy (and his lawyer) and ICBC. Your dad's role is exclusively that of an information provider, unless the other guys sues and wins enough damages that exceed your dad's liability insurance amount. If that were to happen, then your old man would be on the hook for any amount above and beyond ICBC's payout.

As such, there is really no harm in signing ICBC's letter since it simply re-iterates the exact same story that your dad has told. As a matter of fact, I see a bigger problem with you guys ignoring the letter altogether.
__________________
Quote:
[03-07, 03:26] Yodamaster - The feeling when you quickly insert without hitting the sides
nabs is offline   Reply With Quote
This post thanked by:
Old 08-13-2012, 05:08 PM   #9
Performance Moderator
 
68style's Avatar
 
Join Date: Jun 2001
Location: Richmond
Posts: 8,162
Thanked 5,699 Times in 1,629 Posts
Your dad shouldn't be so paranoid... and he can easily just pick up the phone and call ICBC to talk to them about it... they work for him, he's paying them every year and have no reason to mislead him.

Basically the other party doesn't agree with ICBC's decision, so they are suing your dad... ICBC is trying to represent him... they will want him to go to their office in North Van and give his statement again and then they will prep him for a court date where he will be not very nicely examined by the other person's lawyer.

Yes I been through this before, someone hit me and was found 100% at fault and I got paid out for my car... but 3 years later I got a letter from ICBC saying the other party had a lawyer and was suing me saying it was my fault and I had to go through the whole shitshow again. Your dad doesn't need to hire a lawyer... ICBC employs lawyers to represet themselves and your Dad... that's what you pay for insurance for. They just need your Dad to help them out to fight the retard who is suing your Dad/ICBC.

It's in your dad's best interest to do something about it, unless he doesn't care if his insurance takes the hit of a big payout if the other party is trying to get the blame shifted.
68style is online now   Reply With Quote
This post thanked by:
Old 08-13-2012, 06:06 PM   #10
"Entertainment" mod.
 
CorneringArtist's Avatar
 
Join Date: Feb 2009
Location: Surrey, BC
Posts: 4,834
Thanked 3,142 Times in 952 Posts
Or call this guy. He's EXTREME TO THE MAX
__________________
MX73->B3->MX83->AE92->BL3FW->5K(MkVI)->UCF11->JZX110->AXA54H
CorneringArtist is offline   Reply With Quote
This post thanked by:
Old 08-13-2012, 11:58 PM   #11
I don't get it
 
Ver.Mitsubishi's Avatar
 
Join Date: Sep 2002
Location: Burnaby
Posts: 420
Thanked 13 Times in 8 Posts
is it legal for them to re-open when the case has been settled already?
Ver.Mitsubishi is offline   Reply With Quote
Old 08-14-2012, 06:19 AM   #12
RS has made me the bitter person i am today!
 
Supafly's Avatar
 
Join Date: Sep 2002
Location: VanCity/HCMC/HK
Posts: 4,760
Thanked 694 Times in 235 Posts
Quote:
Originally Posted by Ver.Mitsubishi View Post
is it legal for them to re-open when the case has been settled already?
yes.
__________________
"Just because any car nut can tell you every possible performance specification of a Ferrari doesn't mean he can drive. Most of these people live in places where they've never even seen a Ferrari, much less ever owned one themselves."
Supafly is offline   Reply With Quote
Old 08-14-2012, 07:14 AM   #13
I contribute to threads in the offtopic forum
 
delSol97's Avatar
 
Join Date: Oct 2001
Location: Kelowna
Posts: 2,685
Thanked 6 Times in 6 Posts
Don't sweat it, you've received the proper advice already. Just jump through the hoops.

LOL at 25/75 ... seriously ICBC grasps sometimes at trying to hold both parties at fault sometimes. If ICBC ever tried to hold me 25% at fault I'd get a lawyer.

Either you're at fault or not. Perhaps in the case of a parking lot incident I can see a 50/50 on some occasions, but I'd love to see how they determined a 25/75.
delSol97 is offline   Reply With Quote
This post thanked by:
Old 08-14-2012, 08:20 PM   #14
I *heart* Revscene.net very Muchie
 
Mancini's Avatar
 
Join Date: May 2001
Location: Vancouver
Posts: 3,854
Thanked 250 Times in 129 Posts
Fault charts.
Mancini is offline   Reply With Quote
Old 08-16-2012, 06:37 PM   #15
MiX iT Up!
 
tiger_handheld's Avatar
 
Join Date: May 2006
Location: vancouver
Posts: 7,941
Thanked 1,992 Times in 821 Posts
So just got served today with court papers. The other party is suing for 25k in injury =\

Going to ICBC with all the paperwork. I suggested to my dad that he go through with ICBC and after everything is said and done - counter sue the bitch for wasting time!
__________________

Sometimes we tend to be in despair when the person we love leaves us, but the truth is, it's not our loss, but theirs, for they left the only person who couldn't give up on them.


Make the effort and take the risk..

"Do what you feel in your heart to be right- for you'll be criticized anyway. You'll be damned if you do, and damned if you don't." - Eleanor Roosevelt
tiger_handheld is offline   Reply With Quote
Old 08-16-2012, 06:57 PM   #16
Head Moderator
 
Lomac's Avatar
 
Join Date: Dec 1982
Location: Great White Nor
Posts: 22,642
Thanked 6,407 Times in 2,068 Posts
I love the mentality of some people. They're considered at fault (for the most part), yet they decide to sue the other party involved for injuries obtained in an accident they caused.



How bad was the accident, out of curiosity?
Lomac is offline   Reply With Quote
Old 08-16-2012, 07:33 PM   #17
MiX iT Up!
 
tiger_handheld's Avatar
 
Join Date: May 2006
Location: vancouver
Posts: 7,941
Thanked 1,992 Times in 821 Posts
older model mpv was written off.
__________________

Sometimes we tend to be in despair when the person we love leaves us, but the truth is, it's not our loss, but theirs, for they left the only person who couldn't give up on them.


Make the effort and take the risk..

"Do what you feel in your heart to be right- for you'll be criticized anyway. You'll be damned if you do, and damned if you don't." - Eleanor Roosevelt
tiger_handheld is offline   Reply With Quote
Old 08-16-2012, 07:47 PM   #18
Wunder? Wonder?? Wander???
 
gn02156668's Avatar
 
Join Date: Apr 2005
Location: vancouver
Posts: 217
Thanked 175 Times in 80 Posts
................

Last edited by gn02156668; 08-17-2012 at 09:59 PM.
gn02156668 is offline   Reply With Quote
Old 08-16-2012, 08:54 PM   #19
My AFC gave me an ABS CEL code of LOL while at WOT!
 
bing's Avatar
 
Join Date: Dec 2003
Location: vancouver, B.C.
Posts: 1,842
Thanked 563 Times in 229 Posts
Have been in this situation. It was originally split 50/50, but I complained because I had right of way (other car was a left turner) and escalated my case so a manager could review it. Upon review, it was determined to be 75/25. Even though I still felt that it should have been 100/0, I did not bother since it would not affect my insurance. Some time down the road, the lady decided to sue me. ICBC sent a letter to contact some lawyer and when I contacted them, we set up an appointment for me to come in. After a couple of delays on the lawyers end, they told me that it was no longer necessary because the case was settled out of Court. I felt so disappointed because I was going to help ICBC win this case and verbally own the shit out of the lady in Court for being such a fucking dumb ass.

Anyways, I think your dad is being paranoid. I don't see why he can't sign a simple declaration. If ICBC loses, that's money out of everyone else pockets. You want some cunt who caused the accident to get money out of it?
__________________

Cars:
02' Lexus IS300 5spd (rip)
07' BMW 323iA (sold)
05' BMW Z4 5spd (sold)
06' BMW 330i 6spd (sold)
10' Audi A4 quattro
08' BMW M3 6spd
10' Honda Ridgeline
17' Audi Q5

Motorcycles:
15' Kawasaki Ninja300
08' Yamaha R6

bing is offline   Reply With Quote
This post thanked by:
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off



All times are GMT -8. The time now is 09:25 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
SEO by vBSEO ©2011, Crawlability, Inc.
Revscene.net cannot be held accountable for the actions of its members nor does the opinions of the members represent that of Revscene.net